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Home My WebLink AboutPD15-324 - Original - South Sound 911 - MOU: Data Transfer to Regional Booking Database - 08/24/2015 ENT cor M s ��eme '° , W,.,.°,°� Viz'. Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: South Sound 911 Vendor Number: MI )D Edwards Number Contract Number: This is assigned by cam/ Clerk's Office Project Name: Transfer of Booking Mugshot and Demographic Information to the Regional Booking Phnfn ( mm� ricnn rlat�b��P Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: 0710212015 Termination Date- 12/31/2024 Contract Renewal Notice (Days): 30 Calendar Days Number of days required notice for terming ion or renewal or amendment Contract Manager: Sheila Knapp Department: Police Contract Amount: None Approval Authority: ❑ Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 MEMORANDUM OF UNDERSTANDING FOR THE ELECTRONIC DATA TRANSFER OF BOOKING MUGSHOT AND DEMOGRAPHIC INFORMATION TO THE REGIONAL BOOKING PHOTO COMPARISON DATABASE This "Memorandum Of Understanding For The Electronic Data Transfer Of Booking Mugshot And Demographic Information To The Regional Booking Photo Comparison Database" ("MOU") is entered into by and between the Kent Police Department and South Sound 911, a governmental administrative agency formed pursuant to an interlocal agreement under chapter 39.34 RCW among Pierce County, the City of Tacoma, the City of Lakewood, the City of Fife, the City of Puyallup, and Pierce County Fire Protection District No. 3 (collectively "Member Agencies"). RECITALS WHEREAS, the Kent Police Department operates and maintains a correctional facility (the "Kent Police Department Jail"); and WHEREAS, South Sound 911 provides consolidated public safety communications services to law enforcement agencies of the South Sound 911 Member Agencies and other local governments that may contract with South Sound 911 for such purposes; and WHEREAS, South Sound 911 is the hosting agency for the Regional Booking Photo Comparison Database ("Database"); and WHEREAS, the Database is intended to allow criminal investigators to perform biometric digital searches against booking photo data; and WHEREAS, the Kent Police Department collects booking photos for all persons arrested or confined in the Kent Police Department Jail, and provides such data to South Sound 911 law enforcement agencies upon request; and WHEREAS, public safety would be enhanced if the Kent Police Department's booking photos was accessible to other criminal justice agencies via the Database; and WHEREAS, RCW 70.48.100 allows criminal justice agencies to access jail records, including booking photos. Each agency subscribing to the Database is a criminal justice agency; and WHEREAS, South Sound 911 and the Kent Police Department (together, the "Parties" and individually, a "Party") now desire to enter into this WOU" for the purpose of establishing an electronic data connection that allows the Kent Police Department to upload its booking data into the Database as set forth herein; South Sound 911 -Kent Police Department-MOU Transfer to RBPC Page 1 of 4 South Sound 911 Contract# 2z)t S - OLoe, AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Purpose and Scope. This MOU governs how the Kent Police Department Jail records will be disclosed to and used by South Sound 911. It is the intent of the Parties to protect the confidentiality and security of the jail records that are the subject of this MOU in accordance with state and local law, ordinance, rules and regulations. 2. Effective Date and Duration. This MOU shall not take effect unless and until it has been duly executed by both Parties. This MOU shall remain in effect through December 31, 2024, unless earlier terminated pursuant to the provisions of Section 12 Early Termination below, PROVIDED HOWEVER, that the term of this MOU may be extended or renewed for up to two (2) additional three (3) year terms by written notice from Snohomish County to South Sound 911. 3. Administrators. Each party to this MOU shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such party's participation in this MOU. The parties' initial Administrators shall be the following individuals: KENT POLICE DEPARTMENT SOUTH SOUND 911 Initial Administrator: Initial Administrator: Eric Hemmen Matthew Johnson Kent Police Department South Sound 911 220 Fourth Avenue South 955 Tacoma Avenue South, Suite 101 Kent, WA 98032 Tacoma, WA 98402 Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. 4. Use and Access to Jail Records. South Sound 911 agrees to permit the Kent Police Department access to the Database for the purpose of uploading booking photos and booking data for persons arrested or confined in the Kent Police Department Jail. The Kent Police Department will upload its booking photos and booking data to the Database via a secure, encrypted VPN. 5. Each Party is responsible for safeguarding the booking photos and booking data uploaded to the Database. i South Sound 911 —Kent Police Department—MOU Transfer to RBPC Page 2 of 4 South Sound 911 Contract# 2,015-- (1 i 6. System Licensing. To the extent necessary, South Sound 911 will obtain and/or grant the Kent Police Department a limited license to allow the Kent Police Department to upload its booking photos and information into the Database. Any costs associated with the Kent Police Department's limited license privilege(s) shall be borne by South Sound 911. 7. The primary engine for the data exchange from the Kent Police Department to South Sound 911 is a software interface. South Sound 911 is responsible for all changes to the Database to support the data exchange from the Kent Police Department and shall be responsible for the billing and maintenance costs of this interface. 8. Each Party will cooperate in the work necessary to test the initial implementation and any subsequent modification. 9. Errors in Records. The Parties acknowledge that the accuracy of any records shared pursuant to this MOU depends primarily on whether that information disclosed is accurate and complete. Each party shall make reasonable efforts to ensure the accuracy of information contributed, but such efforts do not guarantee that the data is accurate. The use of, and reliance on information contained in the systems or the performance of the system is at the sole risk of each Party. If either Party becomes aware of any material inaccuracies in the records it agrees to communicate such inaccuracy to the other party as soon as reasonably possible. 10. Each Party agrees that it will only disseminate information made available under this MOU to criminal justice agencies as that term is defined in RCW 43.43.705. 11. No unauthorized or unofficial use of data exchanged under this MOU is permitted. Both Parties shall comply with RCW 70.48.100 and any other applicable state or federal law in regard to dissemination of data exchange files. Each Party is responsible for training its employees authorized to access the information provided under this MOU regarding the use and dissemination of information obtained from the systems and data exchanges covered by this MOU. These provisions shall also apply to any party subscribing to the Database. 12. Early Termination. This MOU may be terminated, for any or no reason, by either Party upon thirty (30) calendar days written notice to the other Party. This MOU may be immediately terminated by either Party upon written notice to the other Party, if the other Party unlawfully disseminated or used information made available under this MOU. South Sound 911 -Kent Police Department-MOU Transfer to RBPC Page 3 of 4 South Sound 911 Contract# 2-015-- owa 13, Each Party assumes responsibility and liability for the acts and omissions of its employees, officers, and agents in the performance of this MOU or in enjoying the benefits of this MOU. a. The Kent Police Department agrees to defend, indemnify, and hold harmless South Sound 911, its officers, agents, and employees from and against any loss, claim, or liability arising from or out of the negligent, reckless, or wrongful acts or omissions of the Kent Police Department and its employees, officers, and agents or its misuse of data and information. b. South Sound 911 agrees to defend, indemnify, and hold harmless the Kent Police Department, its elected officials, officers, agents, and employees from and against any loss, claim, or liability arising from or out of the negligent, reckless, or wrongful acts or omissions of South Sound 911 and its employees, officers, and agents or its misuse of data and information. c. The foregoing provisions specifically and expressly intend to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCVV, as respects the other Party only, and only to the extent necessary to provide a Party with a full and complete indemnity of claims made by the other Party's employees. This waiver has been mutually negotiated. The indemnification, protection, defense and hold harmless obligations contained herein shall survive the expiration, abandonment or termination of this MOU. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this MOU. 15, Complete Agreement. This document, including any schedules or exhibits attached hereto, constitutes the entire agreement between the parties. Any written or verbal agreements that are not set forth herein or incorporated herein by reference are expressly excluded. SOUTH SOUND 911 KENT POLICE DEPARTMENT Andrew E. Neiditz Date S4zette)Co ke to SS911 Executive Director /Mayor,' Approved as to Form: %✓iA � �J/ .y Ali t`> Peter Beckwith Date Ken homas Date SS911 Legal Advisor Chief South Sound 911 —Kent Police Department—MOU Transfer to RBPC Page 4 of 4 South Sound 911 Contract# 2L If- O(ot?